Page:United States Statutes at Large Volume 100 Part 4.djvu/1043

 PUBLIC LAW 99-603—NOV. 6, 1986

100 STAT. 3389

Naturalization Service the individual's immigration status through an automated or other system (designated by the Service for use with institutions) that— "(A) utilizes the individual's name, file number, admission number, or other means permitting efficient verification, and "(B) protects the individual's privacy to the maximum degree possible. "(4) In the case of such an individual who is not a citizen or national of the United States, if the statement described in paragraph (1) is submitted but the documentation required under paragraph (2) is not presented or if the documentation required under paragraph (2)(A) is presented but such documentation is not verified under paragraph (3)— "(A) the institution— "(i) shall provide a reasonable opportunity to submit to the institution evidence indicating a satisfactory immigration status, and "(ii) may not delay, deny, reduce, or terminate the individual's eligibility for the grant, loan, or work assistance on the basis of the individual's immigration status until such a reasonable opportunity has been "--' provided; and "(B) if there are submitted documents which the institution determines constitutes reasonable evidence indicating such status— "(i) the institution shall transmit to the Immigration and Naturalization Service photostatic or other similar copies of such documents for official verification, "(ii) pending such verification, the institution may not delay, deny, reduce, or terminate the individual's eligibility for the grant, loan, or work assistance on the basis of the individual's immigration status, and "(iii) the institution shall not be liable for the consequences of any action, delay, or failure of the Service to conduct such verification. "(5) If the institution determines, after complying with the requirements of paragraph (4), that such an individual is not in a satisfactory immigration status— "(A) the institution shall deny or terminate the individual's eligibility for such grant, loan, or work assistance, and "(B) the fair hearing process (which includes, at a minimum, the requirements of paragraph (6)) shall be made available with respect to the individual. "(6) The minimal requirements of this paragraph for a fair hearing process are as follows: "(A) The institution provides the individual concerned with written notice of the determination described in paragraph (5) and of the opportunity for a hearing respecting the determination. "(B) Upon timely request by the individual, the institution provides a hearing before an official of the institution at which the individual can produce evidence of a satisfactory immigration status. ' (C) Not later than 45 days after the date of an individual's request for a hearing, the official will notify the

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